‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’
RPC Privacy Law, 7th October 2014
Source: www.rpc.co.uk
‘Lexa Hilliard QC and Sarah Clarke discuss the potential ramifications of the first Court of Appeal decision in Burry & Knight Ltd V Martin John Murless Knight (2014) [2014] EWCA Civ 604 on new provisions in the Companies Act 2006 which limit access to the register of members.’
Full story (PDF)
11 Stone Buildings, July 2014
Source: www.11sb.com
‘Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies or limited liability partnerships. The latter occurs either as a result of the company’s or LLP’s failure to file accounts, returns etc. or by a process of voluntary striking off.’
Full story (PDF)
Thirty Nine Essex Street, 7th March 2014
Source: www.39essex.com
‘In Registrar of Companies v Angela Swarbrick, Maurice Moses and Craig Lewis (as Joint Administrators of Gardenprime Limited) [2014] EWHC 1466 (Ch), the High Court provides guidance on the provisions of the Companies Act 2006 which permit the removal of unnecessary material on the Register of Companies and clarifies the extent of the Court’s jurisdiction to control the Registrar of Companies’ functions in this regard. Sarah Clarke explains a decision which is likely to expand the circumstances in which the Registrar will agree to remove material.’
11 Stone Buildings, May 2014
Source: www.11sb.com
‘Companies seeking to recover large sums through the civil courts could be charged up to £20,000 in fees under proposals put forward by the Ministry of Justice (MoJ).’
OUT-LAW.com, 6th December 2013
Source: www.out-law.com
“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”
OUT-LAW.com, 13th November 2013
Source: www.out-law.com
“Details of who really owns and controls UK companies will be made publicly accessible, the Prime Minister announced at the Open Government Partnership summit.”
BIS and Prime Minister’s Office, 31st October 2013
Source: www.gov.uk/government/organisations/department-for-business-innovation-skills
“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”
WLR Daily, 30th August 2013
Source: www.iclr.co.uk
“Companies that blacklist workers for taking part in trade union activity face being barred from multibillion-pound public sector contracts under plans unveiled by the Welsh government.”
The Guardian, 11th September 2013
Source: www.guardian.co.uk
“Cross-government coordination on an issue that affects trade, international development, foreign affairs, business activity and human rights is remarkable, especially at such a difficult economic time. So the UK’s Action Plan on Business and Human Rights, which is the government’s long-awaited strategy for implementing the 2011 UN Guiding Principles on Business and Human Rights, is to be applauded for this achievement. Yet, while the Plan establishes clear expectations that UK companies should respect human rights, there are no effective legal requirements placed on them to do so.”
UK Human Rights Blog, 4th September 2013
Source: www.ukhumanrightsblog.com
“English Premier League football clubs could set new records for spending on player transfers in the years to come despite being subject to new financial controls, an expert has said.”
OUT-LAW.com, 4th September 2013
Source: www.out-law.com
“Japanese camera and medical equipment maker Olympus and its UK subsidiary Gyrus Group will be prosecuted by the UK’s Serious Fraud Office.”
BBC News, 4th September 2013
Source: www.bbc.co.uk
“The Serious Fraud Office (SFO) has made its first charges in relation to offences under the Bribery Act, it has announced.”
OUT-LAW.com, 16th August 2013
Source: www.out-law.com
“With the Crime and Courts Act having received Royal Assent on 25 April 2013, Andrew Price looks at the genesis of Deferred Prosecution Agreements (DPAs) and what may lie in store for the future.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
“In Fairstar Heavy Transport NV v (1) Philip Jeffrey Adkins (2) Claranet Ltd [2013] EWCA Civ 886 the Court of Appeal has considered what right a company has to obtain work-related emails held by its former CEO on his personal computer.”
Panopticon, 26th July 2013
Source: www.panopticonblog.com
“Members of Dyers Chambers review developments across the spectrum of corporate crime and financial regulation, including updates on LIBOR, Sanctions, DPAs and Fraud Sentencing.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”
Competition Bulletin from Blackstone Chambers, 1st July 2013
Source: www.competitionbulletin.com
“Changes to the information that companies must include in their remuneration
reports are set to come into force from 1 October following the Government’s
publication of the final rules.”
OUT-LAW.com, 27th June 2013
Source: www.out-law.com
“To widespread surprise, the Supreme Court allowed the wife’s appeal in Prest v Petrodel Resources [2013] UKSC 34, [2013] All ER (D) 90 (Jun) although on a different basis from the decision of Mr Justice Moylan at first instance. For those law “nerds” amongst us, the new Supreme Court live feed added an extra frisson, with social media abuzz with speculation as to what it might mean that Lord Sumption was to give the lead judgment. It quickly became clear that this may be a red herring (for Lady Hale to give the lead judgment would have been too obvious a clue). However, a more detailed consideration of the judgment may lead us to conclude that Lord Sumption was a clue indeed and that the corporate veil has survived fully intact, albeit it with the Supreme Court wedging open some doors for family lawyers on the issues of trusts and inferences to be drawn from both pre- and post-litigation behaviour.”
New Law Journal, 27th June 2013
Source: www.newlawjournal.co.uk
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